FGDI, L.L.C. EXPORT GRAIN ELEVATOR GRAIN TARIFF NAMING RATES, RULES AND REGULATIONS APPLICABLE ON G R A I N AT THE GRAIN ELEVATOR MOBILE, ALABAMA

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1 FGDI, L.L.C. EXPORT GRAIN ELEVATOR GRAIN TARIFF NAMING RATES, RULES AND REGULATIONS APPLICABLE ON G R A I N AT THE GRAIN ELEVATOR MOBILE, ALABAMA TEL: (251) FAX (251) (ALL COMMUNICATIONS REGARDING SERVICES CONTAINED HEREIN SHOULD BE DIRECTED TO THE FGDI EXPORT MARKETING )

2 ISSUED: Oct 1, 2004 EFFECTIVE: Oct 1, 2004 Grain Elevator Tariff TARIFF INDEX ITEMS ITEM NO. PAGE NO. TITLE PAGE 1 TARIFF INDEX 2-3 DEFINITIONS 4 RECEIVING, STORING, INSURING, HANDLING, DELIVERING 1 5 INCENTIVE VOLUME RATES 1 5 OVERTIME RATES STAND-BY LABOR 3 6 TRIMMING 4 6 TREATING, CONDITIONING, SEPARATING, DRYING, ETC. 5 7 STORAGE CHARGES 6 7 FACILITY USE CHARGE 7 7 ENVIRONMENTAL REQUIREMENTS AND CHARGE 8 7 WHARF CLEAN-UP CHARGE 9 8 GRAIN DESCRIPTION 10 8 FOOD GRADE PRODUCTS DESCRIPTION 11 8 HANDLING AND CLEANING SURCHARGE (FOOD GRADE) 12 8 BARGE CLEANING 13 8 RAILCAR CLEANING 14 8 DOCKAGE 15 8 FRESH WATER

3 RULES RULE NO. PAGE NO. NOTICE TO PUBLIC 1 9 UNMERCHANTABLE GRAIN UNLOADING AND SHIPPING SPACE 2 9 INSPECTION AND GRADING REQUIREMENTS 3 9 WEIGHING AND GRADING CHARGES 4 9 COMMINGLING 5 9 LOSS OR DAMAGE TO GRAIN WEIGHT LOSS 7 10 INCREASED DOCKAGE AND FOREIGN MATERIAL 8 10 GRAIN GOING OUT OF CONDITION 9 10 UNMERCHANTABLE OR SALVAGED GRAIN FOR DRYING TRANSFERRING GRAIN FROM BIN TO BIN SHIPPING ORDERS AND WRITTEN INSTRUCTIONS LOADING VESSELS NOT SUITED FOR FUMIGATION TARIFF INTERPRETATION GRAIN ELEVATOR'S OBLIGATIONS RESPONSIBILITY FOR VESSEL DAMAGE SPECIAL AGREEMENTS HOLIDAYS STRAIGHT TIME AND OVERTIME OVERTIME ARRANGEMENTS DEMURRAGE CHARGES TARIFF AND SUPPLEMENTS SPECIAL SERVICES AND COST STRAPPING, BAGGING, BUNDLING & STEVEDORE REQUIREMENTS STATIC GRAIN CUSTOMER PERMITS BERTHING OF VESSELS VESSELS REQUIRED TO VACATE BERTH PAYMENT OF CHARGES WAREHOUSEMEN'S LIEN INSURANCE REQUIREMENTS AND USER'S WARRANTY

4 DEFINITIONS EXPLANATION OF ABBREVIATIONS AND REFERENCE MARKS (A)..... Increase in rates or charges (C)..... Change resulting in neither an increase nor decrease in rates or charges. (E)..... Expiration (I)..... New or initial matter (R)..... Reduction in rates or charges GRT..... Gross Registered Ton LT..... Long Ton (2240 Pounds) MT..... Metric Ton ( Pounds) ST..... Short Ton (2000 Pounds) LOA..... Length-Over-All ASD..... Alabama State Docks 4

5 ISSUED: Oct 1, 2004 EFFECTIVE: Oct 1, 2004 Grain Elevator Tariff ITEM NO. 1 RECEIVING, STORING INSURING, HANDLING, DELIVERING, ETC., GRAIN As Described in Item 10 Per Bushel Receiving grain in bulk, includes unloading, storing, 5 days free time (See Item No. 5) and insurance as described and to extent provided in Rule 5. Ex rail cars Ex rail unit trains (50) cars or more of like grain. Ex trucks cents 3 ½ cents 5 cents Delivering grain to end of elevator spout: To self trimming bulk cargo vessels cents Bulk cargo vessels requiring trimming or separation 5 cents 'Tween deck vessels and tankers... 6 cents Other type vessels...(quote on request) To barges (River barges)... 6 cents To barges (Lash barges)... 6 ½ cents To trucks cents To standard containers...(quote on request) Charges for delivering grain to vessels will be computed on actual weight subject to minimum charge based on 2,500 long tons per individual lot. Loading out of lots less than 2,500 long tons subject to prior booking with Grain Elevator Management. INCENTIVE VOLUME RATES STORAGE and HANDLING per bushel. Negotiable upon request. DRYING per bushel. Negotiable upon request. CLEANING per bushel. Negotiable upon request. ITEM NO. 2 OVERTIME (See Rules 19 and 20) (Except as otherwise specifically provided in individual items of tariff) (1) Monday through Friday. Before 8 A.M. and between 12 noon and 1 P.M.,and after 5 P.M. (2) Saturday, Sunday, and holidays, as defined in Section 18 "Rules and Regulations" of Grain Elevator Tariff. This charge will be assessed against the agency requesting the overtime work. Overtime work will be performed only at the discretion of the Elevator Management. 5

6 ITEM 2 (cont d) Vessel Loading Rail car unloading Truck unloading Grain drying Other overtime (l) $1, per hour (2) $1, per hour (1) $ per hour (2) $ per hour (1) $ per hour (2) $ per hour $75.00 per hour (Quote on request) Overtime ordered as a continuation of a scheduled shift (1) will be charged at actual hours worked in one- (1) hour increments. Overtime ordered as a call-out (2) will be charged at a MINIMUM of four (4) hours and thereafter at actual hours worked in one- (1) hour increments. ITEM NO. 3 STAND-BY LABOR (PER HOUR) (Except as otherwise specifically provided in individual items of tariff) Straight Time (when applicable) $ Overtime (when applicable) (1) $1, (2) $1, This charge will be assessed against the agency requesting the services or causing the delay and will be charged due to delays, including the shortage of railcars, vessel arrival or certification, trimming, or any other delay not attributed to the Grain Elevator. This charge will also be assessed in the event of labor guarantee remaining after cargo has been loaded on board vessel and will be billed to the party responsible for work call-out. This charge will be in addition to charges otherwise provided in this tariff for given service performed. ITEM NO. 4 TRIMMING CHARGES If it is necessary for a vessel to trim in accordance with National Cargo Bureau Regulations or request of the vessel, Grain Elevator Management must be notified upon filing Berth Application. Trimming charges will be assessed against the stevedore whenever grain is mechanically distributed in the holds of a vessel or whenever any equipment is attached to the Grain Elevator loading spouts. (1) Spoon trimming $ per hour (2) Machine trimming $ per hour (3) Wing tank trimming $ per hour These charges will be assessed in addition to charges otherwise provided in this tariff for given service performed. Hand trimming is not permitted. An additional charge of $ per hold will be assessed for rental of Grain Elevator spoon trimmers. 6

7 ITEM NO. 5 TREATING, CONDITIONING, SEPARATING, DRYING, ETC. PER BUSHEL (1) Treating for insects in cars, barges, or elevator... 5 cents (2) Application of dyes or other additives When supplied by customer cent When supplied by Grain Elevator (quote on request) (3) Mixing or turning of grain cents (4) Cleaning cents (Note: A shrinkage factor of 1/4 of 1% will be applied against all grain being cleaned.) (5) Separating, either two kinds of grain or foreign substances. 3 cents (6) Drying, all grains including soybeans to minimum of 14% moisture: Rates quoted on request NOTE: Refer to Rule 7 of Rules and Regulations for information regarding weight loss resulting from cleaning, screening, mixing, turning, separating or drying. ITEM NO. 6 STORAGE CHARGES Except as otherwise provided, storage charges for grain, after expiration of 5 days free time (free storage not transferable) will be assessed as follows: per bushel, per day: 1st 30 days /100 cent 2nd 30 days...3/10 cent Thereafter /5 cent Note: Preserving the identity of grain by storing in separate bins is by special arrangement and may involve a charge when in the opinion of Grain Elevator Management such storage arrangements reduce the full storage capacity. ITEM NO. 7 FACILITY USE CHARGE An Elevator facility use charge will be assessed against all stevedores operating at the Grain Elevator for use of the Terminal facilities as follows: Facility Use Charge per long ton (2,240 pounds). for self-trimming bulk cargo vessels $.25 for bulk carriers requiring trimming or separation $.35 'tween deck, tanker, or other vessels $.45 ITEM NO. 8 ENVIRONMENTAL REQUIREMENTS AND CHARGE Vessel loading at the Grain Elevator is conducted in accordance with rules and regulations issued by the Alabama Department of Environmental Management (ADEM). These rules require that pollution control devices for which permits are issued be operated at all times in a manner so as to minimize the emissions of air contaminants. Grain Elevator Management will monitor loading operations of vessels and will approve, advise or direct modification or curtailment of stevedore practices as may be required to assure compliance with operating permits. The charge for this service will be assessed against the stevedore at $.05 per long ton (2,240 pounds) loaded. 7

8 ITEM NO. 9 WHARF CLEAN-UP CHARGE The Grain Elevator shall make clean, remove and dispose of all trash and debris from each of its operating facilities. Charges for these services shall be assessed against the vessel and/or its agents and other parties who may be responsible for generation of trash and debris associated with the use of the Department's facilities. Rates and charges connected with trash and debris removal associated with a working vessel shall be as follows: PER EACH SHIPMENT $1, ITEM NO. 10 GRAIN DESCRIPTION All rates or charges quoted in this tariff on "Grain" apply only on wheat, corn, grain sorghums, and soybeans in bulk. (Rates or charges on other grain commodities will be quoted upon request). ITEM NO. 11 FOOD GRADE PRODUCTS DESCRIPTION All rates and charges quoted in this tariff on Food Grade apply on Barley Malt, Lentils, Peas, Rice and other products designated for processed or unprocessed human consumption. ITEM NO. 12 HANDLING AND CLEANING SURCHARGE (FOOD GRADE) The Grain Elevator handling and storage facilities are operated and maintained in conformance with all State and Federal sanitation standards applicable to grain as described in ITEM No. 9. Customers requiring food grade standards for shipping products as described in ITEM No. 10 will be assessed a handling and cleaning surcharge as follows: PER EACH SHIPMENT $5, This charge will be in addition to charges otherwise provided in this tariff for given service performed. ITEM NO. 13 BARGE CLEANING The Grain Elevator Management reserves the right to reject any barges which are tendered in a condition which the management of the elevator deems unacceptable for receiving grain. Empty barges tendered to the Grain Elevator for loading and determined to be unacceptable for receiving grain due to trash, debris or water, may upon request from the shipper involved, be cleaned by Elevator personnel at a minimum charge of $ per barge. ITEM NO. 14 RAILCAR CLEANING Charges stated in Item No. 1 (Page-5) refer to removal of free flowing grain only. Additional cargo may be removed at owners request and expense. Charges will be based on actual cost incurred but in no case less than $ per car. ITEM NO. 15 DOCKAGE Rules, regulations and charges governing the service of dockage at the Grain Elevator Wharf are provided in Alabama State Docks Department Tariff. ITEM NO. 16 FRESH WATER Available from ASD. 8

9 RULES AND REGULATIONS 1. NOTICE TO PUBLIC This Tariff, constitutes due notice to the public, to shippers and to carriers that the rates, charges, rules and regulations apply to all general traffic without specific notice, quotation to or arrangement with shippers or carriers (excepting as otherwise specified herein). Use of the facilities and services covered by this Tariff shall constitute consent to the terms and conditions of the Tariff and shall be evidence of an agreement on the part of all users of the facilities and services to pay all charges specified herein and be covered by all the rules and regulations printed in this Tariff. Amendments to this Tariff may be issued from time to time to cover changes. This Tariff is subject to change without notice and in accordance with applicable law. 2. UNMERCHANTABLE GRAIN UNLOADING AND SHIPPING SPACE The Elevator Management reserves the right to refuse any grain which in its opinion is unmerchantable or in unfit condition for storage, transfers or handling. The primary purpose of the Grain Elevator is for the transfer of grain from railroad cars, trucks, and barges to oceangoing vessels and will be used for storage of grain only to the extent not required for such primary purpose: therefore, management reserves the right to preferentially unload those cars, trucks, and/or barges for which outward shipping space has been engaged and is available for loading. 3. INSPECTIONS AND GRADING REQUIREMENTS Grain shall be inspected and graded before being received into and discharged from the Grain Elevator. Such inspection and grading shall be in accordance with the standards that shall have been fixed and established under the United States Grain Standards Act and at the rates of the Alabama State Department of Agriculture, Grain Inspection and Weighing Division; The expense of such inspection and grading to be borne by owner. When, in the opinion of Elevator Management, additional inspection and grading of grain (including mycotoxin testing) is desirable before receipt into elevator, Elevator Management reserves the right to order such additional inspection and grading at the expense and for the account of the owner of the grain. 4. WEIGHING AND GRADING CHARGES Except as otherwise provided, weighing of all grain or soybeans received and delivered by the Grain Elevator is performed under the direct supervision of the Alabama State Department of Agriculture, Grain Inspection and Weighing Division, subject to their published rates for such service and which are in addition to the charges shown herein. 5. COMMINGLING In the absence of requests for Special Binning, grain and grain products will be commingled in bins containing the same kind and grade, regardless of ownership. The Grain Elevator will endeavor to maintain a like quantity and quality of grain stored compared to grain received, and to ship like kinds against those stores, when released. However, all grain placed in the Grain Elevator is stored at owners risk. (See Item No. 6) 6. LOSS OR DAMAGE TO GRAIN Loss or damage to grain caused by insect, heating, natural deterioration, the elements, or other causes, except as provided in Rule 5, is at owner's risk from the time grain is received into the elevator until it is 9

10 shipped therefrom. The Elevator Management reserves the right, after using due diligence, to treat, dry or otherwise recondition any stored grain without the prior knowledge or consent of the owner of the grain. Owner of grain so handled will be liable for the payment of all charges resulting therefrom, as well as weight shrinkage of the grain. 7. WEIGHT LOSS Actual loss in weight resulting from cleaning, aerating, screening, mixing, turning, separating or drying shall be borne by the owner of the grain. All grain stocks entering the Grain Elevator will be assessed a deduction of one-quarter (1/4) of one percent (1%) upon unloading to cover weight loss (shrinkage) caused by handling. 8. INCREASED DOCKAGE AND FOREIGN MATERIAL The Grain Elevator, after using due diligence in the storing of grains containing dockage, and/or foreign material, hereby disclaims responsibility for natural increase in dockage and/or foreign material content resulting from the repeated handling of grains under normal Grain Elevator operational practices and methods. 9. GRAIN GOING OUT OF CONDITION If grain in storage appears to be in danger of going out of condition the Grain Elevator reserves the right to order same out on three (3) day's notice, and if not removed from elevator before expiration of that time the Elevator Management shall have the right to remove and dispose of such grain at the expense, and for the account of the owner. 10. UNMERCHANTABLE OR SALVAGED GRAIN FOR DRYING Unmerchantable or salvaged grain will be accepted for drying if, in opinion of the Elevator Management, such grain can be handled through the Grain Elevator. Actual condition of the grain will determine charges which will be fixed by Elevator Management. In all instances the elevation charge and the actual loss in weight will be charged against the owner of the grain. 11. TRANSFERRING GRAIN FROM BIN TO BIN Grain will be transferred from bin to bin whenever, in the opinion of the Elevator Management such action is necessary to obtain the benefit of full storage capacity. 12. SHIPPING ORDERS AND WRITTEN INSTRUCTIONS Shipping orders will not be consummated until written instructions and surrender of any warehouse receipts, properly endorsed and in an amount proportionate to, or in excess of, but not less than the quantity as well as the quality of each of the different grades of grain needed to effect such shipment. 13. LOADING VESSELS NOT SUITED FOR FUMIGATION The Grain Elevator is not responsible if insect infested cargo is loaded aboard a vessel and the vessel is not of the type, and/or is unable to have the cargo treated with an approved fumigant. 10

11 14. TARIFF INTERPRETATION Users of the Grain Elevator by their request for elevator space or services thereat will be considered as having understood and accepted all of the rates, rules and regulations of this tariff. The Elevator Management reserves to itself the right to interpret this tariff. 15. GRAIN ELEVATOR'S OBLIGATIONS The Grain Elevator will undertake to furnish all services specified in this tariff with reasonable promptness, but is not obligated to furnish services, nor is it liable for failure to do so in event of government intervention, labor troubles, war conditions or other causes beyond its control. 16. RESPONSIBILITY FOR VESSEL DAMAGE The Grain Elevator assumes no responsibility for marine loss or damage to grain or to barges, ships, or other waterborne vessels moored to the elevator wharves. Users of the facilities of the Grain Elevator shall be held responsible for all damage to the property of the Grain Elevator occasioned by them, and any such damage shall be repaired with costs of repairs billed against the User responsible for damage. Repairs may be by contract, in which instance actual cost to Grain Elevator will be invoiced or, if repairs performed by elevator personnel, cost of labor and materials plus twenty percent will be invoiced to the responsible party. 17. SPECIAL AGREEMENTS Subject to the cumulative limits of its elevator capacity and on a "First Come-First Served" basis, the Grain Elevator will negotiate special agreements under optional or special terms and conditions and in connection with stated commodities and tonnages, to the extent provided in tariff. 18. HOLIDAYS Reference in this tariff to holidays constitutes the following: New Year's Day Mardi-Gras Day Martin Luther King's Birthday Good Friday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Eve Christmas Day Any other holiday declared by the President of the United States or the Governor of Alabama. The Elevator Management reserves the right to declare other special holidays at its discretion by informing its customers not less than seven (7) days prior to such declaration. When a holiday falls on Sunday the following Monday will be observed. 11

12 19. STRAIGHT TIME AND OVERTIME Straight time and Overtime: Straight time or regular working hours of the Grain Elevator are from 8:00 A.M. to noon and 1:00 P.M. to 5:00 P.M. daily except Saturdays, Sundays and Holidays listed in Rule 18. At all other time work performed by the Elevator shall be subject to overtime charges provided in tariff, in addition to all charges in tariff otherwise applicable. The Elevator Management reserves the right to refuse to operate the Elevator during overtime hours. 20. OVERTIME ARRANGEMENTS Grain will be received, stored and handled in the Grain Elevator subject to rules, regulations, rates and charges stipulated herein. All rates and charges set out in this tariff cover work performed on a straight time basis. Overtime work may be performed by special arrangement with the Elevator Management; however, the authorization of any over time operation shall be at the sole discretion of the Elevator Management. Request for the performance of overtime work must be made in writing to the Elevator Management prior to 3:00 P.M. of the working day preceding the overtime period. 21. DEMURRAGE CHARGES In no event will the Grain Elevator be liable or responsible for track storage or demurrage charges which may accrue against cars, trucks, barges or vessels awaiting loading or unloading. 22. TARIFF AND SUPPLEMENTS Where reference is made in this tariff to tariffs, items, notes, rules etc., such references are continuous and includes supplements to and successive issues of such tariffs and reissues of such items, notes, rules, etc. 23. SPECIAL SERVICES AND COST All services of any kind not specifically provided for in this tariff within capability of the elevator requested by shippers or owners of the cargo or their agents, as well as any supplementary or special service which may, in the sole judgment and at the option and convenience of the elevator, be deemed necessary due to failure, non-conformance or negligence on the part of the shipper, owner of the cargo or their agents or for any other reason whatsoever, may be performed and charges therefore shall be borne by the owner of the cargo on basis of actual costs of labor and materials plus 25 percent. 24. STRAPPING, BAGGING, BUNDLING AND STEVEDORE REQUIREMENTS No leveling, strapping, bagging or bundling to be performed alongside wharf at the Grain Elevator without prior arrangement with Elevator Management. When permitted, charges, if any, will be assessed by the Elevator Management. Stevedores are required to provide the Grain Elevator with a pre-load cargo stowage plan prior to loading commencement, and a final stowage plan following cargo completion. NOTE: See Item No. 4 for notification requirements if trimming is required. 25. STATIC GRAIN The Elevator Management reserves the right to declare any grains or other commodities left in storage without booking, or otherwise become slow moving, as "static" and may order such grains or other commodities out of the elevator on five days written or telegraphic notice to the owner or authorized agent. 12

13 If the grains or other commodities so declared are not removed, management shall have the right to dispose of the material at the expense and for account of the owner. If arrangements have not been made within 15 days after receipt of notification to dispose of such materials, the commodities may be subject to penalty storage charges at double the existing rate for the first month; triple for the next month, and increased by the amount of the normal storage charge for each succeeding month, or fractional part thereof, until removed. 26. CUSTOMER PERMITS Prior to shipping any grains or other commodities to the Grain Elevator, shippers must apply to Grain Elevator management for a permit to move rail cars giving (A) Quantity to be loaded to a vessel; (B) Vessel's name and (C) Expected time of arrival of both vessel and cars. 27. BERTHING OF VESSEL Berthing of vessels -- The loading berth at the Grain Elevator will be assigned to vessels with available cargo in the order of date and time which vessels are certificated ready for loading. Certificates of readiness are issued by the surveyor of the National Cargo Bureau, Inc., and a representative of the Office of the Chief Grain Inspector. The availability/accessibility of cargo is to be the decision of the Elevator Management. Filing time shall be established basis the latest actual time recorded on certificates of readiness. Elevator Management reserves the right at all times to take in vessels for loading out of turn when, in its sole judgment such action is justified to avoid overall delays, and in instances when there are more vessels in Port awaiting loading than can be accommodated at the Elevator wharves. When congestion is threatened the following shall apply: 1. Vessels in berth may be (A) Required to work overtime at their own expense, or (B) Vacate the berth (within two hours after notification). This rule may be applied whenever more vessels are in Port than can be berthed at the Elevator; and/or in order to expedite the movement of vessels, and/or grain or commodity; and/or to insure the fullest possible use of the elevator; and/or to eliminate any threat of actual or possible congestion of ships, barges, and/or cars. Any vessels unwilling to work overtime as directed in accordance with this rule shall vacate the berth without delay and the vacating vessel shall only be permitted to berth again at the Elevator after giving written agreement to load continuously until completed whether in regular or in overtime hours. 2. Vessels which have assumed a lay berth in anticipation of loading grain at the Grain Elevator shall have two hours to assume berth at the Grain Elevator after notification by the ASD Port Manager that grain berth is available. In event of failure or refusal on part of any vessel to comply, said vessel forfeits her right to berth and shall be subject to an immediate dockage surcharge at the berth then occupied of $5, per calendar day, or fraction thereof. Such surcharge will be in addition to any other dockage charges in effect at berth occupied. Nothing in this note shall be construed as affecting the right of Elevator Management to cause any vessel which has forfeited its right to berth at the elevator to be removed from its berth at the elevator at the vessel's risk and expense. 3. If a vessel that is filed with the Grain Elevator is unable or refuses to accept a loading berth, due to any reason whatsoever, when ordered by the Elevator management, the vessel's original filing will be canceled. The vessel must refile and will be assigned a rotation in the Elevator lineup basis the new filing time. 13

14 If, however, vessel shall vacate berth for lack of cargo, such vessel will return to berth immediately upon availability of cargo and berth. 28. VESSELS REQUIRED TO VACATE BERTH Vessels are required to vacate berth within two (2) hours after loading has been completed. Should any vessel fail to vacate the berth when ordered to do so by the ASD Port Manager, a penalty charge of $5, per hour for each hour or fraction thereof will be assessed against the vessel and/or its owner and agents after Notice to Vacate has been given to the vessel and/or its owners, agents, master or mate. This charge shall not affect the right of the elevator to remove the vessel from the berth by any lawful means, at vessel's risk and expense. 29. PAYMENT OF CHARGES All charges contained and are set out under this tariff are due at the time the service is rendered, and bills for services of the facilities are payable upon receipt. The party requesting terminal services of any nature will be responsible for the payment of charges assessed for such service. 30. WAREHOUSEMEN'S LIEN The Grain Elevator claims a lien against the depositor/bailor on grain covered by warehouse receipts issued by the Grain Elevator or against the holder of a receipt, or on the proceeds thereof in his possession for charges for storage or transportation (including demurrage and terminal charges), insurance, labor for expenses necessary for preservation of the grain or reasonably incurred in their sale pursuant to law. The Grain Elevator also claims a lien for such charges and expenses in relation to other grain whenever deposited whether or not they have been delivered by the warehouseman, Alabama Code Statute (1975). 31. INSURANCE REQUIREMENTS AND USER'S WARRANTY INSURANCE Each user of any facility of the Grain Elevator agrees to obtain and maintain at his own cost and expense insurance as required under the following paragraphs. All policies of insurance must be written with companies licensed to do business in Alabama and acceptable to Grain Elevator. Original certificates of insurance signed by the licensed agent, resident of the State of Alabama and evidencing the required coverages shall be provided to Grain Elevator. The Grain Elevator reserves the right to require complete certified copies of any and all policies of insurance at any time. Each policy of insurance shall provide by endorsement that at least 30 days' written notice of cancellation or material reduction of coverage scope or limits will be provided to the Department and to the named insured. The insurer shall agree to waive all rights of subrogation against ASD and FGDI, it officers, officials, employees, volunteers and insurers for losses arising from the named insured's use of ASD/FGDI facilities. With respect to General and Automobile liability policies and with respect to liability arising out of the named insured's use of ASD/FGDI's facilities, endorsements shall provide that: (1) ASD/FGDI, its officers, officials, employees, and volunteers are to be covered as additional insureds. Except for the proven negligence of ASD/FGDI, the coverage shall contain no special limitations on the scope of protection afforded to ASD/FGDI, its officers, officials, employees or volunteers; and (2) The facility user's insurance coverage shall be primary insurance as respects ASD/FGDI, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by ASD/FGDI, its officers, 14

15 officials, employees or volunteers shall be excess of the facility user's insurance and shall not contribute with it. General Liability - Facility user shall maintain Broad Form Comprehensive General or Commercial General Liability insurance, including Blanket Contractual Liability; Fire Legal Liability; Explosion, Collapse and Underground Property Damage Liability; and Terminal Operator's and Stevedore's Legal Liability insurance for all applicable operations contemplated hereby. Limits of liability shall not be less than two million dollars ($2,000,000) combined single limit per occurrence for bodily injury and property damage. Automobile Liability - Facility user shall maintain Business Automobile Liability insurance covering any auto, with limits of not less than one million dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage. Workers Compensation - Each facility user shall maintain Workers Compensation and Employers Liability insurance providing coverage under the Alabama Workers Compensation Act in an amount not less than that required by Alabama Law. Where applicable to the facility user's operations, insurance shall be maintained covering liability established by Federal or other statue, including but not limited to U.S. Longshoremen and Harbor Workers Act, Jones Act, Railroad Federal Employers Liability Act (FELA). Safety Regulations Each Grain Elevator facility user will agree to comply with the safety rules, standards, and regulations of the Federal Occupational Safety and Health Administration (OSHA) applicable to each of its operations, and to those established and recommended safety standards inherent in the industry; and to comply with U.S. Coast Guard regulations applicable to waterfront facilities and the policies of FGDI and ASD while occupying any property of ASD. Use, Nuisances Each Grain Elevator facility user agrees not to condone use of or knowingly permit any person to use in any manner whatsoever the facilities or any part or portion thereof for any purpose calculated to injure, or which could reasonably be expected to injure, the reparation of the Grain Elevator, or of the neighboring property, or for any purpose or use in violation of the laws of the United States, State of Alabama or of its political subdivisions or for any immoral or unlawful purpose whatsoever, nor suffer or permit nuisances upon the facilities. Default Any Grain Elevator facility user who fails to leave their area in good order or repair and broom clean will pay to the Grain Elevator an assessed cost to include cost for repairs and/or cleanup plus 25 percent. These charges will be assessed in addition to charges otherwise provided in this tariff for given service performed. Note: Rules and regulations not brought forward are as published in Alabama State Docks Department Tariff No. 1-D, FMC-T No. 002, and are applicable the same as published herein. 15